Principle of limitetion

The word limitation in its literal term means a restriction or the

rule or circumstances which are limited. ...
The Law of Limitation signifies to prevent from the last date for
different legal actions which can take place against an aggrieved
person and to advance the suit and seek remedy or righteous
before the court.
• Limitation is that determined time period
which is stipulated by law in order to file the
case in the competent court. After lapses of
limitation, nobody can file the case. Therefore,
aggrieved party should file the case within
fixed time period which is stipulated by law.
• Limitation is a law which sets the maximum period which
one can wait before filing a lawsuit, depending on the type of
case or claim. If the lawsuit or claim is not filed before the
statutory deadline, the right to sue or make a claim is forever
dead (barred). The period varies greatly depending on what
type of case is involved.
• Statutes of limitations are enacted by the legislature, which
may either extend or reduce the time limits, subject to
certain restrictions. A court cannot extend the time period
unless the statute provides such authority. Similarly, it can't
be extend or shorten or replace as per understanding made
by parties.
• Principle of limitation is based on ' justice
delay is justice denied' and 'the court does not
help those who sleep over their rights". It is
also related with the interest of the State. The
interest of State requires that there should be
an end of litigation.
• According to Number 47 of the civil procedure Plaint to
be filed within statute of limitation: (1) If any certain
period is specified by law for filing a plaint in any court,
such a period shall be deemed to be a statute of limitation.
• (2) If a statute of limitation is provided for pursuant to
subsection (1), the concerned person shall file a plaint in
the court within such statute of limitation.
• (3) If any person appears in the court to file a plaint
contrary to sub-section (2), his or her plaint shall not be
registered, and even if such a plaint happens to have been
registered for any reason, such a plaint shall be revoked.
 section 49

• Commencement of statute of limitation: (1) A

statute of limitation provided by a law for filing a
plaint on any matter shall be deemed to have
commenced in accordance with that law.
• (2) If there is no legal provision in relation to the
commencement of a statute of limitation pursuant
to sub-section (1), the statute of limitation shall be
deemed to have commenced from the date of the
accrual of the cause of making plaint.
• Provisions of limitations in Nepal civil
Procedure(Sanhita) 2074
sec (47 ) – sec (61 )
 Laches
• The word laches is derived from French word “ lasches”
which means ‘Slackness ( unreasonable delay pursuing a
right or claim )” . The person invoking laches is asserting
that an opposing party has “slept on its rights” , and
that , as a result of this delay circumstances have
changed such that it is no longer to grant the plaintiff’s
original claims . Laches is a form of estoppel for delay .
• It denotes that reasonable time has been lapsed and It
become delay . Though it doesn’t denotes only fixed time
limit . Similarly , it doesn’t denote when it has started
and how many days, months or year has been delayed ?
• Laches never counts day ,month, and year like in limitation .
Being a relative matter it may be laches if the case comes
only after two/three months and it may not be laches if the
cases comes only after three years . It or rely on
circumstances .
• In case of Pramananda Vs Ministry of Home Affairs (N.K.P.
2031, decision No. 873, p- 383), the court had not followed
the principal of laches even though the case had filed after
three years. Whereas in the case of Rup Jyoti Vs Director
General of Department of industry ( N.K.P. 2057, decision
No.6907, p-453 ) , the court had followed the principal of
laches though the case had filed only after five months .